[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2872 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2872
To protect individuals by strengthening the Nation's mental health
infrastructure, improving the understanding of violence, strengthening
firearm prohibitions and protections for at-risk individuals, and
improving and expanding the reporting of mental health records to the
National Instant Criminal Background Check System.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2014
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect individuals by strengthening the Nation's mental health
infrastructure, improving the understanding of violence, strengthening
firearm prohibitions and protections for at-risk individuals, and
improving and expanding the reporting of mental health records to the
National Instant Criminal Background Check System.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Healthy Minds for Safer
Communities Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING AND IMPROVING INTERVENTION EFFORTS
Sec. 101. Mental health crisis assessment, prevention, and education
grant program.
Sec. 102. School-based mental health programs.
Sec. 103. Justice and mental health collaboration.
TITLE II--IMPROVING MENTAL HEALTH RESEARCH
Sec. 201. Research with respect to violence.
TITLE III--UNDERSTANDING THE EPIDEMIC OF GUN VIOLENCE
Sec. 301. National violent death reporting system.
Sec. 302. Reaffirming Centers for Disease Control's authority.
Sec. 303. Protecting confidential doctor-patient relationship.
TITLE IV--MENTAL HEALTH AND ACCESS TO FIREARMS
Sec. 401. Ban on firearm possession by person committed involuntarily
to mental institution on an outpatient
basis.
Sec. 402. Grant program regarding firearms.
Sec. 403. Notification of State and local law enforcement authorities
of attempt to purchase firearm by
ineligible person.
TITLE V--RESTORATION
Sec. 501. Federal agency relief program.
Sec. 502. State relief programs.
Sec. 503. General Federal relief.
TITLE VI--SUBMISSION OF MENTAL HEALTH RECORDS TO NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM
Sec. 601. Reports relating to submission of information to NICS.
Sec. 602. Reauthorization of the National Criminal History Records
Improvement Program.
Sec. 603. Improvement of metrics and incentives.
Sec. 604. Grants to States to improve coordination and automation of
NICS record reporting.
Sec. 605. Sharing of records by Federal departments and agencies with
NICS.
Sec. 606. Rulemaking to permit submission of mental health records to
the National Instant Criminal Background
Check System pursuant to the Health
Insurance Portability and Accountability
Act.
TITLE I--STRENGTHENING AND IMPROVING INTERVENTION EFFORTS
SEC. 101. MENTAL HEALTH CRISIS ASSESSMENT, PREVENTION, AND EDUCATION
GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
State, political subdivision of a State, or nonprofit private
entity.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian tribe.
(b) Establishment of Grant Program.--
(1) Establishment.--The Secretary shall establish a program
to award grants to eligible entities to carry out the
activities described in paragraph (2).
(2) Use of funds.--
(A) In general.--Grants awarded under this section
may be used to carry out programs that--
(i) expand early intervention and treatment
services to improve access to mental health
crisis assistance and address unmet mental
health care needs;
(ii) expand the continuum of services to
address crisis intervention and crisis
stabilization;
(iii) reduce recidivism due to mental
health crises and mitigate unnecessary
expenditures by local law enforcement; and
(iv) reduce unnecessary hospitalizations by
appropriately utilizing community-based
services and improving access to timely mental
health crisis assistance.
(B) Authorized activities.--The programs described
in subparagraph (A) may include any or all of the
following activities:
(i) Mental health crisis intervention and
response training for law enforcement (to
increase officers' understanding and
recognition of mental illnesses).
(ii) Mobile support that provides field-
based behavioral health assistance to law
enforcement and members of the community and
links individuals in crisis to appropriate
services.
(iii) School- and community-based early
intervention and prevention programs that
provide mobile response, screening and
assessment, training and education, and peer-
based and family services.
(3) Application.--To be considered for a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. At minimum, such
application shall include a description of--
(A) the activities to be funded with the grant;
(B) community needs;
(C) the population to be served; and
(D) the interaction between the activities
described in subparagraph (A) and public systems of
health and mental health care, law enforcement, social
services, and related assistance programs.
(4) Selecting among applicants.--
(A) In general.--Grants shall be awarded to
eligible entities on a competitive basis.
(B) Selection criteria.--The Secretary shall
evaluate applicants based on such criteria as the
Secretary determines to be appropriate, including the
ability of an applicant to carry out the activities
described in paragraph (2).
(5) Reports.--
(A) Annual reports.--
(i) Eligible entities.--As a condition of
receiving a grant under this section, an
eligible entity shall agree to submit a report
to the Secretary, on an annual basis,
describing the activities carried out with the
grant and assessing the effectiveness of such
activities.
(ii) Secretary.--The Secretary shall, on an
annual basis, and using the reports received
under clause (i), report to Congress on the
overall impact and effectiveness of the grant
program under this section.
(B) Final report.--Not later than January 15, 2019,
the Secretary shall submit to Congress a final report
that includes recommendations with respect to the
feasibility and advisability of extending or expanding
the grant program.
(6) Collection of data.--
(A) In general.--The Secretary shall collect data
on the grant program to determine its effectiveness in
reducing the social impact of mental health crises and
the feasibility and advisability of extending the grant
program.
(B) Manner of collection.--Data described in
subparagraph (A) shall be collected and analyzed using
a scientific peer-reviewed system and valid and
reliable results-based research methodologies.
(c) Funding.--
(1) Grant amount.--The Secretary shall determine the amount
of each grant awarded under this section in an amount that is
not more than $100,000 for each of fiscal years 2015 through
2019.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2015 through 2019.
SEC. 102. SCHOOL-BASED MENTAL HEALTH PROGRAMS.
(a) Technical Amendments.--The second part G (relating to services
provided through religious organizations) of title V of the Public
Health Service Act (42 U.S.C. 290kk et seq.) is amended--
(1) by redesignating such part as part J; and
(2) by redesignating sections 581 through 584 of such part
as sections 596 through 596C, respectively.
(b) School-Based Mental Health and Children and Violence.--Section
581 of the Public Health Service Act (42 U.S.C. 290hh) is amended to
read as follows:
``SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND VIOLENCE.
``(a) In General.--The Secretary, in collaboration with the
Secretary of Education and in consultation with the Attorney General,
shall, directly or through grants, contracts, or cooperative agreements
awarded to public entities and local educational agencies, assist local
communities and schools in applying a public health approach to mental
health services both in schools and in the community. Such approach
should provide comprehensive age-appropriate services and supports, be
linguistically and culturally appropriate, be trauma-informed, and
incorporate age-appropriate strategies of positive behavioral
interventions and supports. A comprehensive school mental health
program funded under this section shall assist children in dealing with
trauma and violence.
``(b) Activities.--Under the program under subsection (a), the
Secretary may--
``(1) provide financial support to enable local communities
to implement a comprehensive culturally and linguistically
appropriate, trauma-informed, and age-appropriate, school
mental health program that incorporates positive behavioral
interventions, client treatment, and supports to foster the
health and development of children;
``(2) provide technical assistance to local communities
with respect to the development of programs described in
paragraph (1);
``(3) provide assistance to local communities in the
development of policies to address child and adolescent trauma
and mental health issues and violence when and if it occurs;
``(4) facilitate community partnerships among families,
students, law enforcement agencies, education systems, mental
health and substance use disorder service systems, family-based
mental health service systems, welfare agencies, health care
service systems (including physicians), faith-based programs,
trauma networks, and other community-based systems; and
``(5) establish mechanisms for children and adolescents to
report incidents of violence or plans by other children,
adolescents, or adults to commit violence.
``(c) Requirements.--
``(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a), an entity shall--
``(A) be a partnership between a local educational
agency and at least 1 community program or agency that
is involved in mental health; and
``(B) submit an application, that is endorsed by
all members of the partnership, that contains the
assurances described in paragraph (2).
``(2) Required assurances.--An application under paragraph
(1) shall contain assurances as follows:
``(A) That the applicant will ensure that, in
carrying out activities under this section, the local
educational agency involved will enter into a
memorandum of understanding--
``(i) with at least 1 public or private
mental health entity, health care entity, law
enforcement or juvenile justice entity, child
welfare agency, family-based mental health
entity, family or family organization, trauma
network, or other community-based entity; and
``(ii) that clearly states--
``(I) how school-employed mental
health professionals (such as school
psychologists, school counselors, and
school social workers) will be utilized
in the comprehensive school mental
health program;
``(II) the responsibilities of each
partner with respect to the activities
to be carried out;
``(III) how each such partner will
be accountable for carrying out such
responsibilities; and
``(IV) the amount of non-Federal
funding or in-kind contributions that
each such partner will contribute in
order to sustain the program.
``(B) That the comprehensive school-based mental
health program carried out under this section supports
the flexible use of funds to address--
``(i) the promotion of the social,
emotional, mental, and behavioral health and
wellness of all students in an environment that
is conducive to learning;
``(ii) the reduction in the likelihood of
at risk students developing social, emotional,
mental, and behavioral health problems, or
substance use disorders;
``(iii) the early identification of social,
emotional, mental, and behavioral problems, or
substance use disorders and the provision of
early intervention services;
``(iv) the treatment or referral for
treatment of students with existing social,
emotional, mental, and behavioral health
problems, or substance use disorders; and
``(v) the development and implementation of
programs to assist children in dealing with
trauma and violence.
``(C) That the comprehensive school-based mental
health program carried out under this section will
provide for in-service training of all school
personnel, including ancillary staff and volunteers,
in--
``(i) the techniques and supports needed to
identify early children with trauma histories
and children with, or at risk of, mental
illness;
``(ii) the use of referral mechanisms that
effectively link such children to appropriate
treatment and intervention services in the
school and in the community and to follow-up
when services are not available;
``(iii) strategies that promote the social,
emotional, mental, and behavioral health and
wellness of all students; and
``(iv) strategies to increase the knowledge
and skills of school and community leaders
about the impact of trauma and violence and on
the application of a public health approach to
comprehensive school-based mental health
programs.
``(D) That the comprehensive school-based mental
health program carried out under this section will
include comprehensive training for parents, siblings,
and other family members of children with mental health
disorders, and for concerned members of the community
in--
``(i) the techniques and supports needed to
identify early children with trauma histories,
and children with, or at risk of, mental
illness;
``(ii) the use of referral mechanisms that
effectively link such children to appropriate
treatment and intervention services in the
school and in the community and follow-up when
such services are not available; and
``(iii) strategies that promote a school-
wide positive environment.
``(E) That the comprehensive school-based mental
health program carried out under this section will
demonstrate the measures to be taken to sustain the
program after funding under this section terminates.
``(F) That the local educational agency partnership
involved is supported by the State educational and
mental health system to ensure that the sustainability
of the programs is established after funding under this
section terminates.
``(G) That the comprehensive school-based mental
health program carried out under this section will be
based on trauma-informed and evidence-based practices.
``(H) That the comprehensive school-based mental
health program carried out under this section will be
coordinated with early intervening activities carried
out under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).
``(I) That the comprehensive school-based mental
health program carried out under this section will be
trauma-informed and culturally and linguistically
appropriate.
``(J) That the comprehensive school-based mental
health program carried out under this section will
include a broad needs assessment of youth who drop out
of school due to policies of `zero tolerance' with
respect to drugs, alcohol, or weapons and an inability
to obtain appropriate services.
``(K) That the mental health services provided
through the comprehensive school-based mental health
program carried out under this section will be provided
by qualified mental and behavioral health professionals
who are certified or licensed by the State involved and
practicing within their area of expertise.
``(3) Coordinator.--Any entity that is a member of a
partnership described in paragraph (1)(A) may serve as the
coordinator of funding and activities under the grant if all
members of the partnership agree.
``(4) Compliance with hipaa.--A grantee under this section
shall be deemed to be a covered entity for purposes of
compliance with the regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191; 110 Stat. 2033) with respect
to any patient records developed through activities under the
grant.
``(d) Geographical Distribution.--The Secretary shall ensure that
grants, contracts, or cooperative agreements under subsection (a) will
be distributed equitably among the regions of the country and among
urban and rural areas.
``(e) Duration of Awards.--With respect to a grant, contract, or
cooperative agreement under subsection (a), the period during which
payments under such an award will be made to the recipient shall be 6
years. An entity may receive only 1 award under this section, except
that an entity that is providing services and supports on a regional
basis may receive additional funding after the expiration of the
preceding grant period.
``(f) Evaluation and Measures of Outcomes.--
``(1) Development of process.--The Administrator shall
develop a fiscally appropriate process for evaluating
activities carried out under this section. Such process shall
include--
``(A) the development of guidelines for the
submission of program data by grant, contract, or
cooperative agreement recipients;
``(B) the development of measures of outcomes (in
accordance with paragraph (2)) to be applied by such
recipients in evaluating programs carried out under
this section; and
``(C) the submission of annual reports by such
recipients concerning the effectiveness of programs
carried out under this section.
``(2) Measures of outcomes.--
``(A) In general.--The Administrator shall develop
measures of outcomes to be applied by recipients of
assistance under this section, and the Administrator,
in evaluating the effectiveness of programs carried out
under this section. Such measures shall include student
and family measures as provided for in subparagraph (B)
and local educational measures as provided for under
subparagraph (C).
``(B) Student and family measures of outcomes.--The
measures of outcomes developed under paragraph (1)(B)
relating to students and families shall, with respect
to activities carried out under a program under this
section, at a minimum include provisions to evaluate
whether the program is effective in--
``(i) improving social, emotional, mental,
and behavioral health and wellness;
``(ii) increasing academic competency (as
defined by the Secretary);
``(iii) reducing disruptive and aggressive
behaviors;
``(iv) improving child functioning;
``(v) reducing substance use disorders;
``(vi) reducing suspensions, truancy,
expulsions, and violence;
``(vii) increasing graduation rates (as
defined in section 1111(b)(2)(C)(vi) of the
Elementary and Secondary Education Act of
1965); and
``(viii) improving access to care for
mental health disorders.
``(C) Local educational outcomes.--The outcome
measures developed under paragraph (1)(B) relating to
local educational systems shall, with respect to
activities carried out under a program under this
section, at a minimum include provisions to evaluate--
``(i) the effectiveness of comprehensive
school mental health programs established under
this section;
``(ii) the effectiveness of formal
partnership linkages among child and family
serving institutions, community support
systems, and the educational system;
``(iii) the progress made in sustaining the
program once funding under the grant has
expired;
``(iv) the effectiveness of training and
professional development programs for all
school personnel that incorporate indicators
that measure cultural and linguistic
competencies under the program in a manner that
incorporates appropriate cultural and
linguistic training;
``(v) the improvement in perception of a
safe and supportive learning environment among
school staff, students, and parents;
``(vi) the improvement in case-finding of
students in need of more intensive services and
referral of identified students to early
intervention and clinical services;
``(vii) the improvement in the immediate
availability of clinical assessment and
treatment services within the context of the
local community to students posing a danger to
themselves or others;
``(viii) the increased successful
matriculation to postsecondary school; and
``(ix) reduced referrals to juvenile
justice.
``(3) Submission of annual data.--An entity that receives a
grant, contract, or cooperative agreement under this section
shall annually submit to the Administrator a report that
includes data to evaluate the success of the program carried
out by the entity based on whether such program is achieving
the purposes of the program. Such reports shall utilize the
measures of outcomes under paragraph (2) in a reasonable manner
to demonstrate the progress of the program in achieving such
purposes.
``(4) Evaluation by administrator.--Based on the data
submitted under paragraph (3), the Administrator shall annually
submit to Congress a report concerning the results and
effectiveness of the programs carried out with assistance
received under this section.
``(5) Limitation.--A grantee shall use not to exceed 10
percent of amounts received under a grant under this section to
carry out evaluation activities under this subsection.
``(g) Information and Education.--The Secretary shall establish
comprehensive information and education programs to disseminate the
findings of the knowledge development and application under this
section to the general public and to health care professionals.
``(h) Amount of Grants and Authorization of Appropriations.--
``(1) Amount of grants.--A grant under this section shall
be in an amount that is not more than $1,000,000 for each of
grant years 2015 through 2019. The Secretary shall determine
the amount of each such grant based on the population of
children up to age 21 of the area to be served under the grant.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section, $200,000,000 for
each of fiscal years 2015 through 2019.''.
(c) Conforming Amendment.--Part G of title V of the Public Health
Service Act (42 U.S.C. 290hh et seq.), as amended by this section, is
further amended by striking the part heading and inserting the
following:
``PART G--SCHOOL-BASED MENTAL HEALTH''.
SEC. 103. JUSTICE AND MENTAL HEALTH COLLABORATION.
(a) Assisting Veterans.--
(1) Redesignation.--Section 2991 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa)
is amended by redesignating subsection (i) as subsection (l).
(2) Assisting veterans.--Section 2991 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa) is amended by inserting after subsection (h) the
following:
``(i) Assisting Veterans.--
``(1) Definitions.--In this subsection:
``(A) Peer to peer services or programs.--The term
`peer to peer services or programs' means services or
programs that connect qualified veterans with other
veterans for the purpose of providing support and
mentorship to assist qualified veterans in obtaining
treatment, recovery, stabilization, or rehabilitation.
``(B) Qualified veteran.--The term `qualified
veteran' means a preliminarily qualified offender who--
``(i) has served on active duty in any
branch of the Armed Forces, including the
National Guard and reserve components; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable.
``(C) Veterans treatment court program.--The term
`veterans treatment court program' means a court
program involving collaboration among criminal justice,
veterans, and mental health and substance abuse
agencies that provides qualified veterans with--
``(i) intensive judicial supervision and
case management, which may include random and
frequent drug testing where appropriate;
``(ii) a full continuum of treatment
services, including mental health services,
substance abuse services, medical services, and
services to address trauma;
``(iii) alternatives to incarceration; or
``(iv) other appropriate services, which
may include housing, transportation, mentoring,
employment, job training, education, and
assistance in applying for and obtaining
available benefits.
``(2) Veterans assistance program.--
``(A) In general.--The Attorney General, in
consultation with the Secretary of Veterans Affairs,
may award grants under this subsection to applicants to
establish or expand--
``(i) veterans treatment court programs;
``(ii) peer to peer services or programs
for qualified veterans;
``(iii) practices that identify and provide
treatment, rehabilitation, legal, transitional,
and other appropriate services to qualified
veterans who have been incarcerated; and
``(iv) training programs to teach criminal
justice, law enforcement, corrections, mental
health, and substance abuse personnel how to
identify and appropriately respond to incidents
involving qualified veterans.
``(B) Priority.--In awarding grants under this
subsection, the Attorney General shall give priority to
applications that--
``(i) demonstrate collaboration between and
joint investments by criminal justice, mental
health, substance abuse, and veterans service
agencies;
``(ii) promote effective strategies to
identify and reduce the risk of harm to
qualified veterans and public safety; and
``(iii) propose interventions with
empirical support to improve outcomes for
qualified veterans.''.
(b) Correctional Facilities.--Section 2991 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa)
is amended by inserting after subsection (i), as added by subsection
(a), the following:
``(j) Correctional Facilities.--
``(1) Definitions.--In this subsection:
``(A) Correctional facility.--The term
`correctional facility' means a jail, prison, or other
detention facility used to house people who have been
arrested, detained, held, or convicted by a criminal
justice agency or a court.
``(B) Eligible inmate.--The term `eligible inmate'
means an individual who--
``(i) is being held, detained, or
incarcerated in a correctional facility; and
``(ii) manifests obvious signs of a mental
illness or has been diagnosed by a qualified
mental health professional as having a mental
illness.
``(2) Correctional facility grants.--The Attorney General
may award grants to applicants to enhance the capabilities of a
correctional facility--
``(A) to identify and screen for eligible inmates;
``(B) to plan and provide--
``(i) initial and periodic assessments of
the clinical, medical, and social needs of
inmates; and
``(ii) appropriate treatment and services
that address the mental health and substance
abuse needs of inmates;
``(C) to develop, implement, and enhance--
``(i) post-release transition plans for
eligible inmates that, in a comprehensive
manner, coordinate health, housing, medical,
employment, and other appropriate services and
public benefits;
``(ii) the availability of mental health
care services and substance abuse treatment
services; and
``(iii) alternatives to solitary
confinement and segregated housing and mental
health screening and treatment for inmates
placed in solitary confinement or segregated
housing; and
``(D) to train each employee of the correctional
facility to identify and appropriately respond to
incidents involving inmates with mental health or co-
occurring mental health and substance abuse
disorders.''.
(c) High Utilizers.--Section 2991 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by
inserting after subsection (j), as added by subsection (b), the
following:
``(k) Demonstration Grants Responding to High Utilizers.--
``(1) Definition.--In this subsection, the term `high
utilizer' means an individual who--
``(A) manifests obvious signs of mental illness or
has been diagnosed by a qualified mental health
professional as having a mental illness; and
``(B) consumes a significantly disproportionate
quantity of public resources, such as emergency,
housing, judicial, corrections, and law enforcement
services.
``(2) Demonstration grants responding to high utilizers.--
``(A) In general.--The Attorney General may award
not more than 6 grants per year under this subsection
to applicants for the purpose of reducing the use of
public services by high utilizers.
``(B) Use of grants.--A recipient of a grant
awarded under this subsection may use the grant--
``(i) to develop or support
multidisciplinary teams that coordinate,
implement, and administer community-based
crisis responses and long-term plans for high
utilizers;
``(ii) to provide training on how to
respond appropriately to the unique issues
involving high utilizers for public service
personnel, including criminal justice, mental
health, substance abuse, emergency room,
healthcare, law enforcement, corrections, and
housing personnel;
``(iii) to develop or support alternatives
to hospital and jail admissions for high
utilizers that provide treatment,
stabilization, and other appropriate supports
in the least restrictive, yet appropriate,
environment; or
``(iv) to develop protocols and systems
among law enforcement, mental health, substance
abuse, housing, corrections, and emergency
medical service operations to provide
coordinated assistance to high utilizers.
``(C) Report.--Not later than the last day of the
first year following the fiscal year in which a grant
is awarded under this subsection, the recipient of the
grant shall submit to the Attorney General a report
that--
``(i) measures the performance of the grant
recipient in reducing the use of public
services by high utilizers; and
``(ii) provides a model set of practices,
systems, or procedures that other jurisdictions
may adopt to reduce the use of public services
by high utilizers.''.
(d) Academy Training.--Section 2991(h) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(F) Academy training.--To provide support for
academy curricula, law enforcement officer orientation
programs, continuing education training, and other
programs that teach law enforcement personnel how to
identify and respond to incidents involving individuals
with mental illness or co-occurring mental illness and
substance abuse disorders.''; and
(2) by adding at the end the following:
``(4) Priority consideration.--The Attorney General, in
awarding grants under this subsection, shall give priority to
programs that law enforcement personnel and members of the
mental health and substance abuse professions develop and
administer cooperatively.''.
(e) Evidence Based Practices.--Section 2991(c) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa(c)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3) the following:
``(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
``(5) when appropriate, use validated assessment tools to
target preliminarily qualified offenders with a moderate or
high risk of recidivism and a need for treatment and services;
or''.
(f) Safe Communities.--
(1) In general.--Section 2991(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa(a)) is amended--
(A) by striking paragraphs (8) and (9) and
inserting the following:
``(8) Preliminarily qualified offender.--
``(A) In general.--The term `preliminarily
qualified offender' means an adult or juvenile accused
of an offense who--
``(i)(I) at any time, has been diagnosed by
a qualified mental health professional as
having a mental illness or co-occurring mental
illness and substance abuse disorders;
``(II) manifests obvious signs of mental
illness or co-occurring mental illness and
substance abuse disorders during arrest or
confinement or before any court; or
``(III) for purposes of a veterans
treatment court program, as defined under
subsection (i), has been diagnosed with, or
manifests obvious signs of, mental illness or a
substance abuse disorder or co-occurring mental
illness and substance abuse disorder; and
``(ii) has been unanimously approved for
participation in a program funded under this
section by, when appropriate, the relevant--
``(I) prosecuting attorney;
``(II) defense attorney;
``(III) probation or corrections
official;
``(IV) judge; and
``(V) representative from the
relevant mental health agency described
in subsection (b)(5)(B)(i).
``(B) Determination.--In determining whether to
designate an individual as a preliminarily qualified
offender, the relevant prosecuting attorney, defense
attorney, probation or corrections official, judge, and
mental health or substance abuse agency representative
shall take into account--
``(i) whether the participation of the
individual in the program would pose a
substantial risk of violence to the community;
``(ii) the criminal history of the
individual and the nature and severity of the
offense for which the individual is charged;
``(iii) the views of any relevant victims
to the offense;
``(iv) the extent to which the individual
would benefit from participation in the program
carried out using a grant under this section;
``(v) the extent to which the community
would realize cost savings because of the
individual's participation in the program; and
``(vi) whether the individual satisfies the
eligibility criteria for program participation
unanimously established by the relevant
prosecuting attorney, defense attorney,
probation or corrections official, judge and
mental health or substance abuse agency
representative.''; and
(B) by redesignating paragraphs (10) and (11) as
paragraphs (9) and (10), respectively.
(2) Technical and conforming amendment.--Section 2927(2) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797s-6(2)) is amended by striking ``has the
meaning given that term in section 2991(a).'' and inserting
``means an offense that--
``(A) does not have as an element the use,
attempted use, or threatened use of physical force
against the person or property of another; or
``(B) is not a felony that by its nature involves a
substantial risk that physical force against the person
or property of another may be used in the course of
committing the offense.''.
(g) Reauthorization of Appropriations.--Subsection (l) of section
2991 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa), as redesignated in subsection (a)(1), is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) $40,000,000 for each of fiscal years 2015 through
2019.''; and
(2) by adding at the end the following:
``(3) Limitation.--Not more than 20 percent of the funds authorized
to be appropriated under this subsection may be used for purposes
described in subsection (i) (relating to veterans).''.
TITLE II--IMPROVING MENTAL HEALTH RESEARCH
SEC. 201. RESEARCH WITH RESPECT TO VIOLENCE.
The Secretary of Health and Human Services, in consultation with
the Director of the National Institutes of Health, shall expand and
intensify research on self-directed and other-directed violence
associated with mental illness.
TITLE III--UNDERSTANDING THE EPIDEMIC OF GUN VIOLENCE
SEC. 301. NATIONAL VIOLENT DEATH REPORTING SYSTEM.
The Secretary of Health and Human Services, acting through the
Director of the Centers for Disease Control and Prevention, shall
improve the National Violent Death Reporting System, authorized
pursuant to title III of the Public Health Service Act (42 U.S.C. 241
et seq.), particularly through the expansion of the application of such
system to include the 50 States. Participation in the system by the
States shall be voluntary.
SEC. 302. REAFFIRMING CENTERS FOR DISEASE CONTROL'S AUTHORITY.
(a) In General.--Section 391 of the Public Health Service Act (42
U.S.C. 280b) is amended--
(1) in subsection (a)(1), by striking ``research relating
to the causes, mechanisms, prevention, diagnosis, treatment of
injuries, and rehabilitation from injuries;'' and inserting
``research, including data collection, relating to--
``(A) the causes, mechanisms, prevention, diagnosis, and
treatment of injuries, including with respect to gun violence;
and
``(B) rehabilitation from such injuries;''; and
(2) by adding at the end the following:
``(c) No Advocacy or Promotion of Gun Control.--Nothing in this
section shall be construed to--
``(1) authorize the Secretary to give assistance, make
grants, or enter into cooperative agreements or contracts for
the purpose of advocating or promoting gun control; or
``(2) permit a recipient of any assistance, grant,
cooperative agreement, or contract under this section to use
such assistance, grant, agreement, or contract for the purpose
of advocating or promoting gun control.''.
(b) Authorization of Appropriations.--Section 394A of the Public
Health Service Act (42 U.S.C. 280b-3) is amended by striking
``authorized to be appropriated'' and all that follows through the end
and inserting the following: ``authorized to be appropriated such sums
as may be necessary for each of fiscal years 2015 through 2019.''.
SEC. 303. PROTECTING CONFIDENTIAL DOCTOR-PATIENT RELATIONSHIP.
Section 2717(c) of the Public Health Service Act (42 U.S.C. 300gg-
17(c)) is amended by adding at the end the following:
``(6) Rule of construction.--Notwithstanding the previous
provisions of this subsection, none of the authorities provided
to the Secretary under this subsection, Public Law 111-148, or
an amendment made by such Public Law shall be construed to
prohibit a physician or other health care provider from--
``(A) asking a patient about the ownership,
possession, use, or storage of a firearm or ammunition
in the home of such patient;
``(B) speaking to a patient about gun safety; or
``(C) reporting to the authorities a patient's
threat of violence.''.
TITLE IV--MENTAL HEALTH AND ACCESS TO FIREARMS
SEC. 401. BAN ON FIREARM POSSESSION BY PERSON COMMITTED INVOLUNTARILY
TO MENTAL INSTITUTION ON AN OUTPATIENT BASIS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(4), by inserting ``on an involuntary
inpatient or involuntary outpatient basis'' before the
semicolon; and
(2) in subsection (g)(4), by inserting ``on an involuntary
inpatient or involuntary outpatient basis'' before the
semicolon.
SEC. 402. GRANT PROGRAM REGARDING FIREARMS.
Section 506(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly;
(2) in the matter preceding subparagraph (A), as
redesignated, by striking ``to 1 or more States or units of
local government'' and all that follows and inserting the
following: ``to--
``(1) 1 or more States or units of local government, for 1
or more of the purposes specified in section 501, if the
Attorney General determines that providing such funds is
necessary--'';
(3) in paragraph (1), as designated, by striking the period
at the end and inserting ``; or''; and
(4) by adding at the end the following:
``(2) 1 or more States, if each such State has
demonstrated, in the determination of the Attorney General,
that the State has adopted policies, procedures, protocols,
laws, or regulations pertaining to the possession or transfer
of firearms or ammunition that--
``(A)(i) give State and local law enforcement
officers the authority, to the extent allowable under
Federal laws and the United States Constitution, to
seize firearms or ammunition from an individual
pursuant to a warrant, if there is probable cause to
believe that the individual poses an elevated risk of
harm to himself or herself or to another individual,
which may be determined by considering whether the
individual--
``(I) has caused harm to himself or herself
or to another individual;
``(II) has detailed plans to cause harm to
himself or herself or to another individual;
``(III) has a history of substance abuse;
or
``(IV) lacks impulse control; and
``(ii) provide that not later than 14 days after a
seizure of firearms or ammunition from an individual as
described in subparagraph (A)--
``(I) the individual shall be given an
opportunity to contest the seizure in court;
and
``(II) any firearm or ammunition seized
shall be returned to the individual unless a
State or local law enforcement officer
demonstrates in court by a preponderance of the
evidence that the individual poses an elevated
risk of harm to himself or herself or to
another individual; or
``(B) temporarily prohibit an individual who has
been involuntarily hospitalized for a period of not
less than 48 hours for mental illness on an emergency
basis from possessing a firearm or ammunition;''.
SEC. 403. NOTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT AUTHORITIES
OF ATTEMPT TO PURCHASE FIREARM BY INELIGIBLE PERSON.
(a) Definitions.--In this section--
(1) the term ``National Instant Criminal Background Check
System'' means the National Instant Criminal Background Check
System established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note); and
(2) the terms ``firearm'' and ``licensed dealer'' have the
meanings given those terms in section 921(a) of title 18,
United States Code.
(b) Establishment of Notification System.--The Attorney General
shall establish a system for the prompt notification of the relevant
State and local enforcement agencies when the National Instant Criminal
Background Check System notifies a licensed dealer that the information
available to the National Instant Criminal Background Check System
indicates that the possession of a firearm by an individual attempting
to obtain a firearm from the licensed dealer would violate subsection
(g) or (n) of section 922 of title 18, United States Code, or State
law, except when the Attorney General determines, on a case-by-case
basis, that law enforcement purposes would best be served by not
providing such a notice.
TITLE V--RESTORATION
SEC. 501. FEDERAL AGENCY RELIEF PROGRAM.
Section 101(c)(2)(A) of the NICS Improvement Amendments Act of 2007
(18 U.S.C. 922 note) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(2) by inserting after clause (i) the following:
``(ii) Adjudication of applications.--A
Federal department or agency that makes an
adjudication related to the mental health of a
person or imposes a commitment of a person to a
mental institution, as described in subsection
(d)(4) or (g)(4) of section 922 of title 18,
United States Code, shall grant the person
relief from the disability imposed by such
subsection only if--
``(I) not earlier than 1 year after
the date on which the person is first
subject to the disability, the person
submits to the department or agency--
``(aa) an application for
relief from the disability; and
``(bb) the opinion (and
records and information
supporting the opinion) of a
psychiatrist or licensed
clinical psychologist who has
personally evaluated the
person, which attests that--
``(AA) the person
no longer manifests the
symptoms of mental
disorder that resulted
in the adjudication of
the person as a mental
defective or
involuntary commitment
of the person;
``(BB) the person
appears to have adhered
consistently to any
prescribed treatment
for a substantial
period of time
preceding the date of
the application; and
``(CC) if ongoing
treatment is required,
adherence to that
treatment is likely to
minimize the risk that
the person will revert
to a mental state that
would present a danger
to the person or to
others;
``(II) the department or agency has
the opportunity to request an
additional evaluation of the person by
a psychiatrist or licensed clinical
psychologist appointed by the
department or agency; and
``(III) the department or agency
determines by a preponderance of the
evidence received that--
``(aa) the person no longer
manifests the symptoms of
mental disorder that resulted
in that person's adjudication
as a mental defective or
involuntary commitment or that
otherwise significantly elevate
the risk of harm to self or
others;
``(bb) the person--
``(AA) appears to
have consistently
adhered to any
prescribed treatment
for a substantial
period of time
preceding the date of
the application; and
``(BB) has
expressed a willingness
to continue treatment
under an appropriate
mental health
professional;
``(cc) if ongoing treatment
is required, adherence to that
treatment is likely to minimize
the risk that the person will
revert to a mental state that
would present a danger to the
person or to others; and
``(dd) the granting of the
relief would not be contrary to
the public interest.''.
SEC. 502. STATE RELIEF PROGRAMS.
(a) In General.--Section 105 of the NICS Improvement Amendments Act
of 2007 (18 U.S.C. 922 note) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) provides that, not earlier than 1 year after the date
on which a person is first adjudicated or committed as
described in subsection (g)(4) of section 922 of title 18,
United States Code, a State court, board, commission, or other
lawful authority shall grant the relief, pursuant to State law
and in accordance with the principles of due process, only if--
``(A) the person submits with the application for
relief under paragraph (1) the opinion (and records and
information supporting the opinion) of a psychiatrist
or licensed clinical psychologist who has personally
evaluated the person, which attests that--
``(i) the person no longer manifests the
symptoms of mental disorder that resulted in
the adjudication of the person as a mental
defective or involuntary commitment of the
person;
``(ii) the person appears to have adhered
consistently to any prescribed treatment for a
substantial period of time preceding the date
of the application; and
``(iii) if ongoing treatment is required,
adherence to that treatment is likely to
minimize the risk that the person will revert
to a mental state that would present a danger
to the person or to others;
``(B) the State has the opportunity to request an
additional evaluation of the person by a psychiatrist
or licensed clinical psychologist appointed by the
court, board, commission, or other lawful authority;
and
``(C) the court, board, commission, or other lawful
authority determines by a preponderance of the evidence
received that--
``(i) the person no longer manifests the
symptoms of mental disorder that resulted in
the adjudication of the person as a mental
defective or involuntary commitment of the
person;
``(ii) the person--
``(I) appears to have consistently
adhered to any prescribed treatment for
a substantial period of time preceding
the date of the application; and
``(II) has expressed a willingness
to continue treatment under an
appropriate mental health professional;
``(iii) if ongoing treatment is required,
adherence to that treatment is likely to
minimize the risk that the person will revert
to a mental state that would present a danger
to the person or to others; and
``(iv) the granting of the relief would not
be contrary to the public interest; and''; and
(2) by adding at the end the following:
``(c) Definitions.--The Attorney General may, by regulation, define
a term used in this section to ensure conformity with Federal programs
providing relief from disabilities imposed under subsections (d) and
(g) of section 922 of title 18, United States Code.''.
(b) Transition Rule.--The amendment made by subsection (a) shall
apply only beginning on the date that is 5 years after the date of
enactment of this Act, in the case of any State that has a program
described in section 105 of the NICS Improvement Amendments Act of 2007
(18 U.S.C. 922 note) in effect on the date of enactment of this Act.
SEC. 503. GENERAL FEDERAL RELIEF.
Section 925(c) of title 18, United States Code, is amended--
(1) by striking ``(c) A person'' and inserting ``(c)(1)
Except as provided in paragraph (2), a person''; and
(2) by adding at the end the following:
``(2) A person who is subject to a disability imposed under
subsection (d)(4) or (g)(4) of section 922 may not receive relief under
this subsection unless--
``(A) the person submits an application to the Attorney
General for relief from the disability not earlier than 1 year
after the date on which the person is first subject to the
disability;
``(B) the person submits, with the application for relief,
the opinion (and records and information supporting the
opinion) of a psychiatrist or licensed clinical psychologist
who has personally evaluated the person, which attests that--
``(i) the person no longer manifests the symptoms
of mental disorder that resulted in the adjudication of
the person as a mental defective or involuntary
commitment of the person;
``(ii) the person appears to have adhered
consistently to any prescribed treatment for a
substantial period of time preceding the date of the
application; and
``(iii) if ongoing treatment is required, adherence
to that treatment is likely to minimize the risk that
the person will revert to a mental state that would
present a danger to the person or to others;
``(C) the Attorney General has the opportunity to request
an additional evaluation by a psychiatrist or licensed clinical
psychologist appointed by the court; and
``(D) the Attorney General determines by a preponderance of
the evidence received that--
``(i) the person no longer manifests the symptoms
of mental disorder that resulted in the adjudication of
the person as a mental defective or involuntary
commitment of the person;
``(ii) the person--
``(I) appears to have adhered consistently
to any prescribed treatment for a substantial
period of time preceding the date of the
application; and
``(II) has expressed a willingness to
continue treatment under an appropriate mental
health professional;
``(iii) if ongoing treatment is required, adherence
to that treatment is likely to minimize the risk that
the person will revert to a mental state that would
present a danger to the person or to others; and
``(iv) the granting of the relief would not be
contrary to the public interest.''.
TITLE VI--SUBMISSION OF MENTAL HEALTH RECORDS TO NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM
SEC. 601. REPORTS RELATING TO SUBMISSION OF INFORMATION TO NICS.
Section 201 of the NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Report on Persons Prohibited From Obtaining Firearms as a
Result of a Conviction of a Misdemeanor Crime of Domestic Violence.--
Not later than January 31 of each year, the Director shall submit to
Congress a report containing the number of persons reported by each
State to the National Instant Criminal Background Check System under
section 102(b) who are prohibited from possessing or receiving a
firearm under section 922(g)(9) of title 18, United States Code.'';
(2) by redesignating subsection (d) as (e); and
(3) by inserting after subsection (c) the following:
``(d) Report on Promising Practices.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Promoting Healthy Minds for Safer
Communities Act of 2014, and annually thereafter, the Director
shall submit to Congress and to each State participating in the
National Criminal History Improvement Program, a report of the
practices of the States that the Director considers to be
promising practices.
``(2) Promising practice defined.--For purposes of this
subsection, the term `promising practice' means a program,
activity, or strategy of a State regarding the collection,
maintenance, automation, and transmittal by the State or any
State agency of information relevant to determining whether a
person is prohibited from possessing or receiving a firearm by
Federal or State law, or any other records relevant to the
National Instant Criminal Background Check System, that the
Director determines--
``(A) has been used by a State or any State agency
to successfully increase or expand its ability to
collect, maintain, automate, and transmit the
information described in the matter preceding this
subparagraph;
``(B) shows promise in its early stages of becoming
a best practice under subsection (c), with long-term
sustainable impact; and
``(C) may be replicated by other States or State
agencies.''.
SEC. 602. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY RECORDS
IMPROVEMENT PROGRAM.
Section 106(b) of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``this Act'' and inserting ``the Promoting
Healthy Minds for Safer Communities Act of 2014''; and
(2) in paragraph (2), by striking ``a total of'' and all
that follows and inserting the following: ``$100,000,000 for
each of fiscal years 2015 through 2018.''.
SEC. 603. IMPROVEMENT OF METRICS AND INCENTIVES.
Section 102(b) of the NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Promoting Healthy Minds for Safer Communities
Act of 2014, the Attorney General, in coordination with the
States, shall establish for each State or Indian tribal
government desiring a grant under section 103 a 4-year
implementation plan to ensure maximum coordination and
automation of the reporting of records or making records
available to the National Instant Criminal Background Check
System.
``(2) Benchmark requirements.--Each 4-year plan established
under paragraph (1) shall include annual benchmarks, including
both qualitative goals and quantitative measures, to assess the
implementation of the 4-year plan.
``(3) Penalties for non-compliance.--
``(A) In general.--During the 4-year period covered
by a 4-year plan established under paragraph (1), the
Attorney General shall withhold--
``(i) 10 percent of the amount that would
otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established
under paragraph (2) for the first year in the
4-year period;
``(ii) 11 percent of the amount that would
otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established
under paragraph (2) for the second year in the
4-year period;
``(iii) 13 percent of the amount that would
otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established
under paragraph (2) for the third year in the
4-year period; and
``(iv) 15 percent of the amount that would
otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established
under paragraph (2) for the fourth year in the
4-year period.
``(B) Failure to establish a plan.--A State that
fails to establish a plan under paragraph (1) shall be
treated as having not met any benchmark established
under paragraph (2).''.
SEC. 604. GRANTS TO STATES TO IMPROVE COORDINATION AND AUTOMATION OF
NICS RECORD REPORTING.
(a) In General.--The NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended--
(1) by striking section 103 and inserting the following:
``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND
AUTOMATION OF NICS RECORD REPORTING.
``(a) Authorization.--From amounts made available to carry out this
section, the Attorney General shall make grants to States, Indian
tribal governments, and State court systems, in a manner consistent
with the National Criminal History Improvement Program and consistent
with State plans for integration, automation, and accessibility of
criminal history records, for use by the State or units of local
government of the State, Indian tribal government, or State court
system to improve the automation and transmittal of mental health
records and criminal history dispositions, records relevant to
determining whether a person has been convicted of a misdemeanor crime
of domestic violence, court orders, and mental health adjudications or
commitments to Federal and State record repositories in accordance with
section 102 and the National Criminal History Improvement Program.
``(b) Use of Grant Amounts.--A grant awarded to a State, Indian
tribal government, or State court system under this section may only be
used to--
``(1) carry out, as necessary, assessments of the
capabilities of the courts of the State or Indian tribal
government for the automation and transmittal of arrest and
conviction records, court orders, and mental health
adjudications or commitments to Federal and State record
repositories;
``(2) implement policies, systems, and procedures for the
automation and transmittal of arrest and conviction records,
court orders, and mental health adjudications or commitments to
Federal and State record repositories;
``(3) create electronic systems that provide accurate and
up-to-date information that is directly related to checks under
the National Instant Criminal Background Check System,
including court disposition and corrections records;
``(4) assist the State or Indian tribal government in
establishing or enhancing its own capacity to perform
background checks using the National Instant Criminal
Background Check System; and
``(5) develop and maintain the relief from disabilities
program in accordance with section 105.
``(c) Eligibility.--
``(1) In general.--To be eligible for a grant under this
section, a State, Indian tribal government, or State court
system shall certify, to the satisfaction of the Attorney
General, that the State, Indian tribal government, or State
court system--
``(A) is not prohibited by State law or court order
from submitting mental health records to the National
Instant Criminal Background Check System; and
``(B) subject to paragraph (2), has implemented a
relief from disabilities program in accordance with
section 105.
``(2) Relief from disabilities program.--For purposes of
obtaining a grant under this section, a State, Indian tribal
government, or State court system shall not be required to meet
the eligibility requirement described in paragraph (1)(B) until
the date that is 2 years after the date of enactment of the
Promoting Healthy Minds for Safer Communities Act of 2014.
``(d) Federal Share.--
``(1) Studies, assessments, non-material activities.--The
Federal share of a study, assessment, creation of a task force,
or other non-material activity, as determined by the Attorney
General, carried out with a grant under this section shall be
not more than 25 percent.
``(2) Infrastructure or system development.--The Federal
share of an activity involving infrastructure or system
development, including labor-related costs, for the purpose of
improving State or Indian Tribal government record reporting to
the National Instant Criminal Background Check System carried
out with a grant under this section may amount to 100 percent
of the cost of the activity.
``(e) Grants to Indian Tribes.--Not more than 5 percent of the
amounts made available under this section may be reserved for Indian
tribal governments for use by Indian tribal judicial systems.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2015 through 2018.'';
(2) by striking title III; and
(3) in section 401(b), by inserting after ``of this Act''
the following: ``, and not later than 18 months after the date
of enactment of the Promoting Healthy Minds for Safer
Communities Act of 2014''.
(b) Technical and Conforming Amendment.--The table of sections in
section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C.
922 note) is amended--
(1) by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Grants to States for improvement of coordination and
automation of NICS record reporting.'';
(2) by striking the item relating to title III; and
(3) by striking the item relating to section 301.
SEC. 605. SHARING OF RECORDS BY FEDERAL DEPARTMENTS AND AGENCIES WITH
NICS.
Section 101(b) of the NICS Improvement Act of 2007 (18 U.S.C. 922
note) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by inserting at the end the following:
``(D) not later than 180 days after the date of
enactment of the Promoting Healthy Minds for Safer
Communities Act of 2014, and annually thereafter,
submit a report to Congress on the compliance of the
head of each department or agency of the Federal
Government with the requirements under paragraphs (1)
and (3).''; and
(2) by adding at the end the following:
``(3) Other federal departments and agencies.--The head of
each department or agency of the Federal Government that is in
possession of a record that is relevant to a determination of
whether a person is disqualified from possessing or receiving a
firearm under subsection (g) or (n) of section 922 of title 18,
United States Code, shall make available to the Attorney
General the record, updated not less than quarterly, for use in
the background checks performed by the National Instant
Criminal Background Check System.''.
SEC. 606. RULEMAKING TO PERMIT SUBMISSION OF MENTAL HEALTH RECORDS TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
PURSUANT TO THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services shall promulgate final
regulations, in accordance with section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), to
allow disclosures of information described in section 102(c)(3) of the
NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the
National Instant Criminal Background Check System to assist the
Attorney General in enforcing section 922(g)(4) of title 18, United
States Code.
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